February 15, 2008

2007-2008 State-Level Personhood (and other selected) Legislation

Including: 1) only principled pro-life Personhood Bills [except in the case of Virginia, see below]; and2) both, bills in the States' Legislatures, and Proposed State-Level Constitutional Amendments, all with NO EXCEPTIONS; i.e., declaring bona fide legal "Personhood" at fertilization or conception (any "exceptions" fatally undermine the legal concept of legal personhood, as expressed in the very text of the 1973 Roe v. Wade decision).

Updated February 14, 2008 ("abortion-ban" bills that do not mention persons, personhood are not included)

Alabama - HB 348http://www.blogger.com/acas/searchableinstruments/2008rs/bills/hb348.htmType Bill: state-level life-at-conception/personhood bill: "Effective July 1, 2008, the laws of this state shall be interpreted and construed to acknowledge on behalf of the unborn child at every stage of development all the rights, privileges, and immunities available to other persons, citizens, and residents of this state, subject only to the Constitution of the United States and decisional interpretations thereof by the United States Supreme Court."

"That life begins at the moment of fertilization and the right to enjoyment of life guaranteed by Article 1, § 1 of the Constitution of Virginia is vested in each born and preborn human being from the moment of fertilization."

[ Note: this Virginia bill asserts the constitutional right to life at fertilization for each "human being." ]

The 1973 Roe v. Wade decision stated that if legal "personhood" for the unborn is established, then the pro-abortion legal argument "collapses."

In the very text of the Roe v. Wade US supreme Court decision it states,

“[Texas] argue[s] that the fetus is a “person” within the language and meaning of the Fourteenth Amendment… If this suggestion of personhood is established, the [pro-abortion] case, of course, collapses, for the fetus’ right to life would then be guaranteed specifically by the [14th] Amendment.”

In other words, there never would have been legalized abortion under Roe v. Wade. But tragically, Texas had an “exception” which undermined their entire “personhood” argument. Justice Harry Blackmun wrote: [emphasis added]

“[ Footnote 54 ] When Texas urges that a fetus is entitled to Fourteenth Amendment protection as a person, it faces a dilemma. Neither in Texas nor in any other State are all abortions prohibited. Despite broad proscription, an exception always exists… But if the fetus is a person who is not to be deprived of life without due process of law, and if the mother's condition is the sole determinant, does not the Texas exception appear to be out of line with the Amendment's command? ...”

Any "exceptions" to fetal personhood fatally undermines the entire "personhood" legal concept, just as it did in 1973. For over 35 years now, the pro-life movement has failed to achieve the goal of ending child-murder-by abortion by a state-level, statutory (or state-level constitutional amendment) declaration that pre-birth human beings are legal "persons" at fertilization, without exception.

The Right to Life Act of SC, in statutorily vesting legal “personhood” at fertilization for ALL human beings, satisifies the Roe formula published over 35 years ago.

The key legal issue presented in the very text of Roe, necessary to unravel the entire Roe framework, is statutorily vesting legal “personhood” at fertilization for ALL human beings. This would satisfy the Roe formula published 35 years ago.

The issue of legal “personhood” for ALL human beings, without exception, is a key to unlocking the 35 year old Roe v. Wade abortion enigma.

Either a "person" is a "person," or they are not. Either ALL pre-birth human beings are legal "persons" at fertilization, or they are not. There can be no "exceptions" to fetal "personhood."

The Saviour said, "... I will build My church; and the gates of hell shall not prevail against it."Matthew 16:18